Your current state is Ohio
I filed my father’s will and was appointed executor by the courts but a few days after I did this someone else has presented a new will. Would they have to contest mine since the court already filed it or would theirs automatically be valid since it was more recent? And would they automatically... View More 
answered on Apr 19, 2024
The Register of Wills will automatically convert the proceedings to Judicial Probate, and schedule a hearing to determine which Will is valid. You will likely be converted from a PR to a Special Administrator, which limits what you can do, pending determination by the court as to which will is the... View More
My mother had property that was going to be auctioned off in 2021. She did a quit deed to me. She died in 2023. This property should not be part of the estate. Wondering if I have to declare this in any way. Is this exempt property?
answered on Apr 19, 2024
You really need to work with and speak with a Florida Probate Attorney, but generally, the laws related to exempt property you can find in Florida Statute 732.402 (in part below):
(2) Exempt property shall consist of:
(a) Household furniture, furnishings, and appliances in the... View More
My friends will in Florida left me her home which was in her trust. The trustee decided that she should be in a assisted living facility so the home was sold and the proceeds invested in the trust accounts. The trustee says that I am not entitled to the proceeds of the sale of the home and that... View More
answered on Apr 18, 2024
Correct. You have no property rights to the house or to the proceeds of the sale. The Will becomes effective upon death. The trustee is free to dispose of the house to benefit the settler (your friend) during her/his lifetime.
by a third party/bounty hunter company?
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answered on Apr 18, 2024
The laws regarding tax sale property surplus funds and the fees that third-party companies can charge for assisting owners in claiming those funds vary by state and jurisdiction. Many states do have limits on the fees that can be charged, but the specifics differ.
For example:
1. In... View More
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answered on Apr 18, 2024
Probate laws in New York (NY) and Puerto Rico (PR) are separate and distinct, as they are two different jurisdictions. However, if your late husband owned properties in both NY and PR, the probate process will need to be initiated in each jurisdiction simultaneously. Here's what you should... View More
Was next of kin. Without informing me the money was split up between my 2 brothers and 1 sister and I didn't receive a dime. What can I do to get my fair share of the money I'm owed?
answered on Apr 18, 2024
The specific facts of the situation will dictate how you should proceed. There are numerous questions that need to be answered. To start:
Have you confronted him?
The insurance company should have contacted all beneficiaries directly. Why didn't this happen?
How was... View More
My father passed away, his wife refused to give his children his estate documents. I filed a petition with the court and her response stated - "I am aware that; I and my husband, prepared a Revocable Living Trust on or about July 11, 2023. Shortly after creating the Trust, my husband,... View More
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answered on Apr 17, 2024
In California, the Dead Man's Statute, also known as the Evidence Code Section 1261, limits the admissibility of statements made by a deceased person in certain legal proceedings. The statute is designed to protect the estate of a deceased person from fraudulent claims.
Under the Dead... View More
If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More
answered on Apr 17, 2024
Your question is not clear as to what you are asking, so I am going to guess that you are asking if someone can devise (gift) real estate under a Will, when part of the real estate was subdivided with several parcels being conveyed out during the decedent' lifetime. The Will can effectively... View More
If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More
answered on Apr 17, 2024
In short, if you were given certain parts of a property years ago but the owner now willed the entire property to someone else, including your parts, it means you technically own those parts, but someone else owns the whole property. You may need legal help to clarify your rights and possibly... View More
If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More
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answered on Apr 17, 2024
If the testator did not own the property deeded to you earlier, then it is not part of the testate estate and cannot be devised. Hire a VA attorney to search the title and ensure noone else is claiming your parcels. Also make sure you are paying taxes on your properties, under a correct address... View More
If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More
answered on Apr 17, 2024
More facts are required to answer this question accurately. Your question seems to touch on several different legal topics. First of all, a deed is effective upon delivery to the grantee. To preserve his or her rights against the rest of the world, the grantee should record the deed in the... View More
and a nortization fee equaling to a totall of 130k. Im more curious to make sure its not a scam. The inheritance money wise is over 7 million and 65 acres of land.
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answered on Apr 17, 2024
GF needs to hire an AZ attorney to check out the Probate Action. Then he needs to look into the distribution itself. Notary fees do not justify $130K ever. However it sounds like there are other fees involved, not just for a notary. Also the Deed will need to be drafted correctly to convey... View More
My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More
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answered on Apr 16, 2024
Please accept my condolences for your loss. Because the bank account was in your husband's name alone, you will have to go through the probate process to gain access. As his wife, you have a right to inherit from him, but you will just have to go through the courts to have that taken care of... View More
My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More
answered on Apr 16, 2024
I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family at this difficult and sad time. You will need to speak with a Florida Probate Attorney, based on the type of assets and their value will determine the type of probate that is needed,... View More
My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More
answered on Apr 17, 2024
You should make a list of all assets that your husband owned at death. If your husband had a will then property would pass under that will. If he did not have a will, then the assets would pass under the intestate laws of Florida. As a spouse, if a will exists, you either can take under the will or... View More
My sisters and I were informed by Probate that we can not go the simplified process do to the amount. What steps need to be taken to receive her benefits from Fidelity. My sister is listed as the Power of Attorney, with another sister and myself, would this help the process?
answered on Apr 15, 2024
PoAs are ineffective after the principal dies so that means nothing. Did she have a will and was there a personal representative named in it?
If so that person has ‘priority’ to start probate. If not you and all your siblings — assuming your mom was unmarried at the time she passed... View More
It was my dad's property it's 5 decedents but only one has access to the property I was told once I started probate none of the hiers could be denied access
answered on Apr 15, 2024
You will need to file a partition suit and potentially force the sale of the property if you all cannot agree on who will occupy the property. If you all are current heirs who will inherit then no one heir can exclude the other heirs from the property.
There is a valid Will on file with the county and there are no assets to probate.
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answered on Apr 15, 2024
To object to a Petition for Probate Letters of Administration in California when there is a valid will and no assets to probate, you should follow these steps:
1. Draft an objection: Write a document titled "Objection to Petition for Probate Letters of Administration." In this... View More
Deceased died in 2021. At death his business bank account had 180,000. No other property. A few weeks prior, he told girl friend to pay debts to 2 people totaling 46,000. One is a court order of $36,000, the other is a loan repayment. She didn't do it before he died. His children want to... View More
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answered on Apr 15, 2024
Based on the information provided, it seems the deceased's estate might qualify for the small estate affidavit procedure in California, as the total value of the estate appears to be under the $184,500 limit (as of 2023). However, there are a few potential issues to consider:
1.... View More
I did probate a 12,000 car because I did not know the TOD had to be given to title office before death. So they want all the money from the car and each want 1/6 of the bank and house. There was 6 kids but I was her 24/7 care giver they never even talked to her or seen her.thanks
answered on Apr 14, 2024
Any accounts with a Payable-on-Death (POD) designation and properties with a Transfer-on-Death (TOD) designation are not subject to probate and will pass directly to the individuals named as designees. Consequently, your siblings would not have any claim to those assets. However, any assets that do... View More
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